Limitation Of Liability - Thermo Scientific Star Series User Manual

Terms and Conditions

Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE
LIABILITY OF SELLER UNDER THESE TERMS AND CONDITIONS (WHETHER BY
REASON OF BREACH OF CONTRACT, TORT, INDEMNIFICATION, OR OTHERWISE,
BUT EXCLUDING LIABILITY OF SELLER FOR BREACH OF WARRANTY (THE SOLE
REMEDY FOR WHICH SHALL BE AS PROVIDED UNDER SECTION 2 ABOVE))
SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LESSER OF (A) THE TOTAL
PURCHASE PRICE THERETOFORE PAID BY BUYER TO SELLER WITH RESPECT
TO THE PRODUCT(s) GIVING RISE TO SUCH LIABILITY OR (B) ONE MILLION
DOLLARS ($1,000,000) . NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, IN NO EVENT SHALL SELLER BE LIABLE FOR ANY
INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING
WITHOUT LIMITATION DAMAGES FOR LOSS OF USE OF FACILITIES OR
EQUIPMENT, LOSS OF REVENUE, LOSS OF DATA, LOSS OF PROFITS OR LOSS
OF GOODWILL), REGARDLESS OF WHETHER SELLER (a) HAS BEEN INFORMED
OF THE POSSIBILITY OF SUCH DAMAGES OR (b) IS NEGLIGENT .
Miscellaneous
(a) The rights and obligations of the parties hereunder shall be governed by and
construed in accordance with the laws of the Commonwealth of Massachusetts,
without reference to its choice of law provisions . Each party hereby irrevocably
consents to the exclusive jurisdiction of the state and federal courts located in
Suffolk County, Massachusetts, in any action arising out of or relating to this
Agreement and waives any other venue to which it may be entitled by domicile or
otherwise . (b) In the event of any legal proceeding between the Seller and Buyer
relating to this Agreement, neither party may claim the right to a trial by jury, and
both parties waive any right they may have under applicable law or otherwise to
a right to a trial by jury . Any action arising under this Agreement must be brought
within one (1) year from the date that the cause of action arose .
Thermo Scientific Orion Star Series Meter EN-51
™